MUMTAZ ALI vs THE STATE
This is a post-arrest bail application filed by the applicant Mumtaz Ali in Crime No. 13 of 2003 registered at Excise Police Station, Jacobabad Circle, under Section 9(c) of the Control of Narcotic Substances Act 1997, following the alleged recovery of two kilograms of Charas. The core legal question before the court was whether the applicant was entitled to the grant of bail in light of the Chemical Examiner's report. The court held that since the Chemical Examiner's report and personal explanation indicated that the substance contained only traces of Charas amounting to less than one percent, the matter of recovery fell within the scope of further inquiry under the law. Consequently, the Sindh High Court accepted the application and granted post-arrest bail to the applicant subject to furnishing solvent surety and a personal recognizance bond, laying down the principle that the presence of mere traces of a narcotic substance as certified by the Chemical Examiner can constitute grounds for further inquiry warranting the concession of bail.
- Whether the recovery of a substance showing only traces of Charas constitutes a case of further inquiry under the law?
- Is an accused entitled to post-arrest bail when the Chemical Examiner reports less than one percent of a narcotic substance in the recovered material?
- What are the evidentiary implications of a Chemical Examiner's report showing mere traces of narcotics in bail matters?
- Section 9(c), Control of Narcotic Substances Act 1997
ORDER
1. ' GULZAR AHMED, J.--- The applicant has filed this bail application in Crime No,13 of 2003 of Excise Police Station, Jacobabad, Circle, for offence under section 9(c) of Control of Narcotic Substances Act in which it is alleged that on 9-11-2003 the Excise Police party on spy information has apprehended the present applicant from whom 161 pieces weighing 2 Kgs. Of Charas was recovered. Out of which two pieces of Charas were separately sealed and sent to the Chemical Examiner for his report. The Chemical Examiner has given his report dated 11-3-2004 in which he has found that the substances received by him had traces of Charas. The Chemical Examiner is present in person and he explains that traces means that there is less than one per cent. Of Charas in the substance examined/existed.
2. ' Learned State Counsel concedes to the grant of bail to the applicant in view of the report of the Chemical Examiner.
3. ' We have heard the learned counsel and perused the police papers.
4. ' According to the Chemical Examiner's report, only traces of Charas were found in the material examined by him in this case. The question of recovery of Charas from the present applicant appears to be that of further inquiry and the applicant is, therefore, entitled to the grant of bail.
5. Accordingly, the bail application is granted. The applicant is directed to be released on bail on furnishing solvent surety in the sum of Rs,3,00,000 and P.R. Bond in the like amount to the satisfaction of the trial Court.